6 訟 Litigation – Conflict Resolution
So far we have been covering what to do when growing your business. Now we face the first impedance to our growth – disputes. As your business grows, there will be disagreements and disputes internally among staff and externally with suppliers and customers. How to prevent disputes and how to handle them are discussed in this hexagram.
6訟 Litigation Hexagram has a Heaven trigram on top and a Water trigram at the bottom. Heaven goes upward and water flows downward showing the cause of the dispute – going in the opposite direction.
Description:
- 有孚窒, 惕中吉 even when integrity and honesty are withheld, being watchful and staying with the middle way of justice is good.
- 终凶: bad ending
- 利见大人: good to meet people with influence and power
- 不利涉大川: no good to take up a big project (original: crossing great rivers)
The textual commentary has additional points: facing danger (harm/losses) and strongly fighting against it, is ‘6訟 Litigation’. Litigation is about integrity and honesty being lost, and the need to fight for fairness and justice.
The pictorial commentary is very powerful – A wise man plans carefully before starting.
The ending is bad because litigation is unsuccessful. (Some interpretation says that litigation is always bad even for the winner as it causes pain for both sides. Time and resources are not used for building up but for tearing each other apart. The world loses. It is like energy dissipated as heat not accomplishing much).
It is good to have the help of people with power and influence. It is no good to start a big project when you have litigation, or the just possibility of it, at hand.
Moral Teaching: Work out the Possibilities and Details
When we ask a lawyer to help us draft a contract, what do we expect him to do? One key thing is that he will tell us what could possibly go wrong with the contract and how we can be protected. This is exactly what this hexagram is telling us.
When I was consulted about forming partnerships, I always tell them to be partners to practice the following Chinese saying “先小人 后君子”. That is before any contract is signed, one must be like a ‘little man’, trying to find fault even in the little details, thinking of the worse that could happen, and providing resolutions for it. A clear understanding of the responsibilities of each party must be obtained and written down. The most important clause to discuss is the “Exit clause”, what to do if the partnership needs to be broken. It is better to settle the ‘separation clause’ now when both parties are calm and friendly to each other. Exiting at a time when the partners are unfriendly with each other definitely ends up in court.
After the contract is signed and the partnership is activated, then one needs to be a gentleman – be as transparent, and as honest as possible. Always giving the other the benefit of doubt and seeking clarification instead of accusation. Someone even goes to the extent of saying opening one eye and closing the other.
Before the partnership, open both eyes ‘big-big’ and get all things settled first. This principle also applies to marriage. Before marriage, please open your eyes widely to seek the right one. After marriage, please close the eye of criticism and BE the RIGHT one; no longer ask “Did I marry the right one?”. That question is reserved for the unmarried and not the married one.
Stage 1 Begin-Six: Don’t delay and take too long to settle the issue. Resolve it even with some complaints/arguments. The ending will be good.
Despite the intensive planning and detailed contracts, there may be still some disputes. The key is not to drag them but to settle them as quickly as possible so that good work can progress. Sometimes taking some losses, or being taken advantage of, a step backward, will allow you to progress faster. Settling things before engaging in a court case is a wise move, especially for small issues. Getting it surfaces out to clarify expectations and improve understanding is good. Hiding it and holding bitterness is not good for relationship building. The word of wisdom is “For small issues, clarify and don’t fight over it“.
Stage 2-Second-Nine: Loss the litigation and withdraw and take refuge in a small village(some translation, home village) of 300. No harm.
Did not settle the issue in stage 1 and go into litigation. The case was lost. Take a break to rethink what to do next. Get support and comfort from family and friends. The world is not lost. No harm. Knocked down but not knocked out. Get back and get ready. Not giving up on life is ok.
Stage 3-Third Six: Relying on Past Accomplishments and good conduct, uprightness and Encouragement will bring a good ending. Pursuing great projects(original: King’s business – governmental projects?) is not successful. Obey those on top of us is good (from the pictorial commentary).
To move forward after the setback in stage 2, we now need to bring out our past strengths, accomplishments, parental resources, network of good relationships, follow mentors’ advice, obey those in authority, with uprightness and self-encouragement and passionately move forward. But we need to be more careful. Trying to take too many risks on big projects is not advisable at this point in time. Notice the wisdom of i-Ching; what you need to do depend on the situation you are in.
Stage 4 – Fourth Nine: Lose the litigation. Back to the basics and follow the laws of heaven. Changing back to follow uprightness is good. There is no loss after all.
The reason we lose the court case is that the way do things was not upright at all. Did we in the pursuit of profits take some shortcuts? This loss is not final. We need to go back to the basics and follow the righteous principles of heaven and life.
Stage 5 – Fifth Nine: Litigation with uprightness and justice is very very good.
There are always concerns about the wisdom, righteousness, and fairness of the Judge presiding over your case. Can you get a fair hearing? At this stage, you get a fair hearing. If you have been wrongly accused in stage 4, going for an appeal and getting a fair hearing is indeed very very good.
Stage 6 – Top Nine: Though receiving good rewards or high positions (original: belt used by royalties) one loses it three times in a day.
The pictorial commentary is clearer. Using litigation to gain positions (rewards, titles), even though one wins it, is not to be respected.
One may win a court case, but if it is through unfair advantages, the eventual result will be bad. A sick person may get healed. But if he does not change his living habits that result in that sickness, he will be sick all over again and maybe even worse. An unfair advantage does not last. The best principle of life is following the laws of heaven and earth.
Summary:
Litigation consumes resources and is bad for relationships. It is best prevented by having a detailed plan, covering all possible scenarios, and providing settlement clauses for them. The clearer and more foresighted one can be, the lesser the need for litigation. For partnership, please include an exit clause.
Nevertheless, when we execute, some misunderstandings and disputes could arise. The stage lines give us additional wisdom to handle them.
- Settle it Quickly even with small losses.
- Flee: If you don’t have a case against those who sue you, then give in. Re thinks your strategies and business.
- Get Support, from your past good work, network, reputation, and advice from elders.
- Follow uprightness.
- Get a fair and wise Judge.
- Watch out – Winning on a bad foundation is loss.
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